Bombay High Court
MUSA SULTAN KHANversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court modified the bail conditions by reducing the bond, deleting the passport/visa requirement, and adding a communication condition, thereby allowing the interim application.
Summary
Musa Sultan Khan, a foreign national, was granted bail on 2 May 2025 with several conditions, including a Rs.1 lakh personal bond and the production of a passport and visa. He remained incarcerated and filed an interim application seeking modification of those conditions, arguing inability to furnish the high bond and that the passport/visa requirement was incongruous. The court, relying on Supreme Court precedents (Union of India v. Chidiebere Kingsley Nawchara and Frank Vitus v. NCB), reduced the bond to Rs.25,000 with one or two sureties, deleted the passport/visa condition, and substituted it with a requirement that the prosecuting agency inform the Foreign Regional Registration Officer. The remaining bail conditions were left unchanged. The interim application was allowed and disposed, effecting the modified bail terms.
Issues considered
- Whether the bail bond amount can be reduced for a foreign national unable to furnish the original amount.
- Whether the condition requiring production of passport and visa is valid for a foreign national on bail.
- Whether the bail conditions should be altered to include communication with the Foreign Regional Registration Officer as per Supreme Court guidance.
Legislation cited
Subjects
- bail
- foreign national
- personal bond
- passport condition
- registration of foreigners
- modification of bail conditions
- Supreme Court precedent
Judgment
41. CRI IA-3041-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3041 OF 2026
IN
BAIL APPLICATION NO. 679 OF 2025
Musa Sultan Khan .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Abdul Wahab Shaikh a/w Ms. Aashma Sayyed, Advocates for
Applicant
Ms. Gauri S. Rao, APP for State
...................
CORAM : MILIND N. JADHAV, J.
DATE : OCTOBER 7, 2026
P. C.:
1. Heard Mr. Shaikh, learned Advocate for Applicant and Ms. Rao,
learned APP for State.
2. Present Interim Application seeks modification of certain bail
conditions which are stipulated for the purpose of granting bail in the
order dated 02.05.2025 passed in Bail Application No. 679 of 2025. It
is irony that though the order granting bail was passed in May 2025,
Applicant is still languishing in jail. Applicant is a foreign national as
informed by Mr. Shaikh.
3. Firstly it is argued that condition No. (ii) in the operative part
requires the Applicant to furnish P.R. bond of Rs. 1 Lakh. Mr Shaikh
would submit that Applicant is not in a position to garner that amount
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41. CRI IA-3041-26.odt
since he does not know any person. On instructions, he would submit
that Applicant has now accumulated some amount with the aid and
assistance of well-wishers and now ready and willing to furnish PR
Bond of Rs. 25,000/- with two solvent sureties in the like amount. In
that view of the matter, condition No. (ii) stands modified as under:-
(ii) Applicant is directed to be released on bail on furnishing
P.R. Bond of Rs. 25,000/- (Rupees Twenty Five Thousand
only) with one or two sureties of the like amount. It is
clarified that no bail bond in respect of an accused of a
non-bailable offence who is a foreign national such as in
the present case, shall be executed by a Licensed
Professional Bail Bondspersons save with the express
permission of the concerned Court accepting bail and
surety bond. This condition is added in view of the
decision of the Supreme Court in the case of Union of
India Vs. Chidiebere Kingsley Nawchara & Ors.1
4. Condition No. (iii) requires release of the Applicant subject to
production of valid passport and visa. Such condition in my opinion is
prima face incongruous, innocuous and should not be imposed. In
view of the decision of the Supreme Court in the case of Frank Vitus v.
Narcotics Control Bureau & Ors.2, the proper procedure for releasing a
1 SLP (Cri) No(s). 14185 of 2025
2 Criminal Appeal No.2814-2815 of 2024 decided on 06.01.2025.
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41. CRI IA-3041-26.odt
foreigner on bail would be the requirement as suggested in the said
order by the Supreme Court of requiring him to register himself with
the Foreign Regional Registration Office within a period of two weeks
from the date of his release. Save and except that, the condition
numbers (iii), (iv) and (v) stand deleted. Hence, in place of condition
Nos. (iii), (iv) and (v), only the following condition No. (iii) is
substituted:-
"(iii) The concerned prosecuting Agency shall immediately
communicate this order of grant of bail to the concerned
Registration Officer appointed under Rule 3 of the
Registration of Foreigners Rules, 1992 within the meaning
of the Foreigners Act, 1946. This condition is added in
view of the decision of the Supreme Court in the case of
Frank Vitus v. Narcotics Control Bureau & Ors. (supra)"
5. The rest of the conditions in the bail order dated 02.05.2025
shall remain the same. This order shall be read along with the order
dated 02.05.2025 for the purpose of releasing the Applicant on bail.
6. Interim Application is allowed and disposed.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.10.07
14:34:40 +0530
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